Philippine Bar review · Question

Practice question: Power to Suspend Effects of Termination (EO 51, s. 2018)

Multiple Choice Hard

Practice question

The Secretary affirms a labor-standards compliance order within EO 51 Section 4. The employer files a court challenge but obtains no restraining order. It insists that the filing itself necessarily makes the affirmed order unenforceable. Which is correct?
  1. Any court filing automatically nullifies the order.
  2. The employer’s declaration replaces judicial restraint.
  3. Affirmance makes the order permanently immune from every court.
  4. An affirmed compliance order is immediately executory unless restrained by an appropriate court; a challenge alone is not the required restraint.
  5. Only the employer’s auditors may authorize execution.

Legal references

  • Labor Code, DOLE consolidated 2022 edition, Articles 219, 258–260, 262–264, 274 and 278–279: https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/15242/PHL15242%202022.pdf; Article 292(b).
  • Executive Order No. 51, May 1, 2018, Section 4: https://lawphil.net/executive/execord/eo2018/eo_51_2018.html

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